1. APPLICANT’S NAME: a. Application Date: 11 April 2014 b. Date Received: 21 April 2014 c. Counsel: Yes [redacted] 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: Within the purview of this Board, the applicant requests to change the narrative reason for his discharge from unacceptable conduct to completion of required active service, including its separation authority from AR 600-8-24, paragraph 4-2b to AR 600-8-24, paragraph 2-7 and separation code from JNC to MBK. His discharge was based on an unjustly issued OER with an end date of 29 May 2009, which listed unproven derogatory comments, in violation of AR 623-3. It served to unjustly prejudice him from promotion and retention. The allegations of minor disciplinary infractions were unsubstantiated and flagrantly violated AR 623-3, and the information directly contributed to the applicant’s non-selection for promotion and subsequently a Board of Inquiry (BOI). His discharge should have been subject to the promotion board results, and not based on any disciplinary action or findings. Therefore, his discharge is improper and unjust. In a records review conducted at Arlington, VA on 19 June 2015, and by an 5-0 vote, the Board denied the request, finding the separation was both proper and equitable. (Board member names available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Unacceptable Conduct / AR 600-8-24, Paragraph 4-2b / JNC / NA / Honorable b. Date of Discharge: 2 July 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 October 2011 (2) Basis for Separation: The applicant was informed of the following reasons: * Substantiated derogatory activity resulting in a referred officer evaluation report for the period of 9 July 2008 through 29 May 2009, which was filed in his OMPF. * Conduct unbecoming an officer as indicated by the above-referenced item. (3) Legal Consultation and Appearance before BOI Date: 25 January 2012 (4) BOI Recommended Characterization: GD (5) DA Ad Hoc Review Board Recommendation: GD (6) Separation Decision Date/Characterization: 8 June 2012 / Honorable 4. SERVICE DETAILS: a. Date/Period of Enlistment: 1 February 2007, Indefinite b. Age at Enlistment/Education/GT Score: 26 / MBA (Finance) / NA c. Highest Grade Achieved/MOS/Total Service: O-3 / 36A, Financial Manager / 12 years, 6 months, 19 days d. Prior Service/Characterizations:  ARNG (991214-010517) / HD          AGR    (010518-040517) / HD          USAR (040518-040818) / NA          ARNG (040819-050723) / NA          ADT (050724-051220) / HD          AGR (051221-070131) / HD  e. Overseas Service/Combat Service: Korea, SWA / Kuwait (8 February 2008-7 July 2008), Iraq (20 June 2009-20 June 2010) f. Awards and Decorations: JSCM; ARCOM-2; AAM; NDSM; AFEM; ICM-2CS; GWOTEM; GWOTSM; KDSM; ASR; OSR-2; USA/USAF PUC g. Performance Ratings: Yes h. Disciplinary Action(s)/Evidentiary Record: A “Change of Rater” Referred OER for period 9 July 2008 through 29 May 2009, which indicates the applicant was evaluated as “Satisfactory Performance, Promote, and the SR’s evaluation was “Do Not Promote.” i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Attorney-authored statement; DD Form 214 for service under current review; JSCM certificate with narrative; three ARCOM certificates (one w/recommendation); honorable discharge certificate, dated 31 January 2007; memorandum, dated 30 March 2009, subject: Notification of Commander Officer Referral for Mental Health Evaluation (Non-Emergency); memorandum for record, dated 9 April 2009, subject: Commander’s Inquiry [the applicant]; OER w/end date 29 May 2009; DA message, dated 19 March 2012, subject: Mandatory Separation; DA message, dated 11 June 2012, subject: Revocation of Mandatory Separation; summarized transcript of board proceedings with findings and recommendations, dated 25 January 2012; memorandum for record, dated 25 August 2009, subject: [the applicant’s] Job Performance; DA Form 1059, dated 9 December 2005; and 13 OERs from end date 1 January 2003 through 2 July 2012. 6. POST SERVICE ACCOMPLISHMENTS: None provided. 7. REGULATORY CITATION(S): Army Regulation (AR) 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. 2. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JNC" as the appropriate code to assign Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraph 4-2b, unacceptable conduct. 8. Analyst DISCUSSION OF ISSUE(S) AND RECOMMENDATION(S): The applicant seeks additional relief not within the purview of this Board; however, his request for relief by changing the narrative reason for his discharge, its separation authority and separation code based on being discharged unjustly would be addressed here. The applicant’s contentions were carefully reviewed. However, the record confirms his discharge based on an unacceptable conduct was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant provided no corroborating evidence demonstrating that the command's action was erroneous or sufficient evidence showing his service mitigated the unacceptable conduct or poor duty performance. Further, the applicant’s record contains no evidence of arbitrary or capricious actions by the command. It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends his discharge was unjust because it was based on an unjustly issued OER with an end date of 29 May 2009, which listed unproven derogatory comments in violation of AR 623-3, and it served to unjustly prejudice the applicant from promotion and retention. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support his contention that he may have been unjustly discriminated. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request to change the narrative reason for his discharge. The applicant contends he was an outstanding Army officer with superior performance and an excellent record for a majority of his career. The applicant’s overall service and accomplishments were carefully considered; however, this service was not sufficiently mitigating to warrant a change to the narrative reason for his discharge. The applicant was separated under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "JNC." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant’s request for the following additional relief does not fall within the purview of this Board: to be reinstated at pay grade of O-4 and effective full back pay and active duty benefits from date of separation, and removal of the OER for period 9 July 2008 to 29 May 2009, and all entries directly or indirectly related to the BOI and the DA Board of Review for Eliminations from his OMPF. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter, except for the request to remove the aforementioned OER. A DD Form 149 may also be obtained from a Veterans' Service Organization. The request to remove the OER will be transferred to the Officer Special Review Board within this office. In view of the foregoing, the applicant’s discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. Therefore, the reason for the discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. 9. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change characterization to: No Change c. Change Reason to: No Change d. SPD/RE Code Change to: No Change e. Restoration to Grade: No Change Authenticating Officer: COL, US ARMY Presiding Official Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20140007318 4